Civ Pro Dates Flashcards
Answer
Within 21 days of service of complaint
Removal
Defendant must remove within 30 days of when grounds become apparent.
If plaintiff amends, 30 days from that point.
If removal is based on diversity, defendant must remove within 1 year of filing unless plaintiff attempted to thwart removal.
Amendments
Party can amend complaint within 21 days of serving it
OR
if an answer or motion to dismiss has already been filed, within 21 days after that service.
Party can amend an answer within 21 days of serving it.
Complaint + Summons
Must be served within 90 days
Impleader Claims (R 14)
Defendant has right to implead (allege third party is responsible for some/all of the liability) if done within 14 days of SERVING AN ANSWER
If NOT within 14 days, defendant needs permission from the court to implead.
Discovery
Initial disclosures – within 14 days after a R26 conference
Expert disclosures – at least 90 days before trial
Pretrial disclosures – at least 30 days before trial
How long does a party have to respond to:
Interrogatories
Requests for Admission
Requests for Production
30 days to respond
Motion to Dismiss
Must be filed BEFORE an answer is filed
Within 21 days (where process is served)
OR
Within 60 days (where process is waived
Motion for Summary Judgment
May be made any time before 30 days AFTER close of discovery.
Demand for Jury
Must be made no later than 14 days after last pleading directed to jury-eligible issue is filed.
Renewed Judgment as a Matter of Law
Must be filed within 28 days of entry of judgment (or discharge of jury)
Motion for a New Trial
Must be filed within 28 days of entry of judgment
Appeal
Appellant must file notice within 30 days of the judgment
or within 30 days of the order that is subject to the appeal
